C-Level and Joint Liability: Why the Board Cannot Delegate Disposal Risk

Introduction to the Joint Liability of the C-Level in Disposal

The role of the board in waste management is fundamental and non-delegable, as provided in current legislation. The joint liability of senior executives encompasses the proper management of electronic waste, especially those involving environmental and legal risks, such as improper disposal.

Legal Basis and Mandatory Compliance

According to Law No. 12,305/2010, which institutes the National Solid Waste Policy (PNRS), executive managers are jointly responsible for complying with the rules related to the handling and disposal of waste, and it is not allowed to delegate such responsibilities. Article 39 of the PNRS highlights the shared responsibility among generation, commercialization, and administration, including the board.

Furthermore, Decree No. 10,936/2022 reinforces the role of senior management in environmental control and compliance, imposing sanctions in case of management failures.

Practical Implications of the Risk of Delegation

Delegating responsibility for irregular disposal, including electronic waste collection https://ecobraz.org/pt_BR/eletronicos agendamento, may lead to judicial risks, administrative fines, and reputational damage that directly affect the administrative and executive board.

It is emphasized that the board must ensure secure contracts and auditable processes to avoid the disposal of sensitive equipment, such as the proper treatment of digital media, through thorough HD sanitization services https://ecobraz.org/pt_BR/sanitizacao-de-hd eletronicos agendamento, which is essential for data protection and compliance.

Joint Liability and Corporate Governance

In the corporate context, governance should include active management and monitoring of activities related to disposal, ensuring that internal guidelines are aligned with legal standards, especially the National Solid Waste Policy and the National Information System on Solid Waste Management (SINIR) https://sinir.gov.br/.

C-Level executives who neglect these actions may incur serious violations, with criminal and civil liability, according to Articles 54 and 55 of Law No. 12,305/2010 and provisions of the Penal Code.

Conclusion

The board must fully assume responsibility for managing disposal risks, ensuring legal compliance and mitigating environmental and legal risks. Delegating this responsibility does not exempt board members from their duties, constituting essential joint liability for organizational sustainability and integrity.